By:AAWhite, Burrows, Canales, Schaefer, H.B.ANo.A1911

AAAAAHefner, et al.

A BILL TO BE ENTITLED

AN ACT

relating to provisions governing the carrying of a handgun by

certain unlicensed persons and to other provisions related to the

carrying, possessing, transporting, or storing of a firearm;

providing criminal penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONA1.AASection 46.02(a-1), Penal Code, is amended to

read as follows:

(a-1)AAA person commits an offense if the person

intentionally, knowingly, or recklessly carries on or about his or

her person a handgun in a motor vehicle or watercraft that is owned

by the person or under the person ’s control at any time in which:

(1)AAthe handgun is in plain view[, unless the person is

licensed to carry a handgun under Subchapter H, Chapter 411,

Government Code, and the handgun is carried in a shoulder or belt

holster]; or

(2)AAthe person is:

(A)AAengaged in criminal activity, other than a

Class C misdemeanor that is a violation of a law or ordinance

regulating traffic or boating;

(B)AAprohibited by law from possessing a firearm;

or

(C)AAa member of a criminal street gang, as

defined by Section 71.01.

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SECTIONA2.AASections 46.03(e-1), (e-2), and (f), Penal Code,

are amended to read as follows:

(e-1)AAIt is a defense to prosecution under Subsection (a)(5)

that the actor:

(1)AApossessed, at the screening checkpoint for the

secured area, a [concealed] handgun;

(2)AA[that the actor] was licensed to carry a handgun

under Subchapter H, Chapter 411, Government Code, or, if

unlicensed, was not prohibited by state or federal law from

carrying a handgun; and

(3)A[(2)]AAexited the screening checkpoint for the

secured area immediately on [upon] completion of the required

screening processes and notification that the actor possessed the

handgun.

(e-2)AAA peace officer investigating conduct that may

constitute an offense under Subsection (a)(5) and that consists

only of an actor’s possession of a [concealed] handgun that the

actor is licensed to carry under Subchapter H, Chapter 411,

Government Code, or, if unlicensed, is not prohibited by state or

federal law from carrying, may not arrest the actor for the offense

unless:

(1)AAthe officer advises the actor of the defense

available under Subsection (e-1) and gives the actor an opportunity

to exit the screening checkpoint for the secured area; and

(2)AAthe actor does not immediately exit the checkpoint

on [upon] completion of the required screening processes.

(f)AAExcept as provided by Subsection (e-1), it is not a

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defense to prosecution under this section that the actor possessed

a handgun and was:

(1)AAlicensed to carry a handgun under Subchapter H,

Chapter 411, Government Code; or

(2)AAif unlicensed, not prohibited by state or federal

law from carrying a handgun.

SECTIONA3.AAThe heading to Section 46.035, Penal Code, is

amended to read as follows:

Sec.A46.035.AAUNLAWFUL CARRYING OF HANDGUN [BY LICENSE

HOLDER].

SECTIONA4.AASections 46.035(a), (b), (c), (d), and (i),

Penal Code, are amended to read as follows:

(a)AAA person [license holder] commits an offense if the

person [license holder] carries a handgun [on or about the license

holder’s person under the authority of Subchapter H, Chapter 411,

Government Code,] and intentionally displays the handgun in plain

view of another person in a public place. It is an exception to the

application of this subsection that the handgun was partially or

wholly visible but was carried in a [shoulder or belt] holster [by

the license holder].

(b)AAA person [license holder] commits an offense if the

person [license holder] intentionally, knowingly, or recklessly

carries a handgun [under the authority of Subchapter H, Chapter

411, Government Code], regardless of whether the handgun is

concealed or carried in a [shoulder or belt] holster[, on or about

the license holder’s person]:

(1)AAon the premises of a business that has a permit or

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license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic

Beverage Code, if the business derives 51 percent or more of its

income from the sale or service of alcoholic beverages for

on-premises consumption, as determined by the Texas Alcoholic

Beverage Commission under Section 104.06, Alcoholic Beverage Code;

(2)AAon the premises where a high school, collegiate,

or professional sporting event or interscholastic event is taking

place, unless the person [license holder] is a participant in the

event and a handgun is used in the event;

(3)AAon the premises of a correctional facility;

(4)AAon the premises of a hospital licensed under

Chapter 241, Health and Safety Code, or on the premises of a nursing

facility licensed under Chapter 242, Health and Safety Code, unless

the person [license holder] has written authorization of the

hospital or nursing facility administration, as appropriate;

(5)AAin an amusement park; or

(6)AAon the premises of a civil commitment facility.

(c)AAA person [license holder] commits an offense if:

(1)AAthe person [license holder] intentionally,

knowingly, or recklessly carries a handgun [under the authority of

Subchapter H, Chapter 411, Government Code], regardless of whether

the handgun is concealed or carried in a [shoulder or belt] holster,

in the room or rooms where a meeting of a governmental entity is

held; and

(2)AA[if] the meeting described by Subdivision (1) is

an open meeting subject to Chapter 551, Government Code, and the

entity provided notice as required by that chapter.

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(d)AAA person [license holder] commits an offense if the

person[, while intoxicated, the license holder] carries a handgun

while the person is intoxicated [under the authority of Subchapter

H, Chapter 411, Government Code], regardless of whether the handgun

is concealed or carried in a [shoulder or belt] holster.

(i)AASubsections (b)(4), (b)(5), and (c) do not apply if the

actor was not given effective notice under Section 30.05, 30.06, or

30.07.

SECTIONA5.AASection 46.15, Penal Code, is amended by

amending Subsection (a) and adding Subsection (m) to read as

follows:

(a)AASections 46.02, [and] 46.03, and 46.035(b) and (c) do

not apply to:

(1)AApeace officers or special investigators under

Article 2.122, Code of Criminal Procedure, and none of those

sections prohibit [neither section prohibits] a peace officer or

special investigator from carrying a weapon in this state,

including in an establishment in this state serving the public,

regardless of whether the peace officer or special investigator is

engaged in the actual discharge of the officer’s or investigator’s

duties while carrying the weapon;

(2)AAparole officers, and none of those sections

prohibit [neither section prohibits] an officer from carrying a

weapon in this state if the officer is:

(A)AAengaged in the actual discharge of the

officer’s duties while carrying the weapon; and

(B)AAin compliance with policies and procedures

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adopted by the Texas Department of Criminal Justice regarding the

possession of a weapon by an officer while on duty;

(3)AAcommunity supervision and corrections department

officers appointed or employed under Section 76.004, Government

Code, and none of those sections prohibit [neither section

prohibits] an officer from carrying a weapon in this state if the

officer is:

(A)AAengaged in the actual discharge of the

officer’s duties while carrying the weapon; and

(B)AAauthorized to carry a weapon under Section

76.0051, Government Code;

(4)AAan active judicial officer as defined by Section

411.201, Government Code, who is licensed to carry a handgun under

Subchapter H, Chapter 411, Government Code;

(5)AAan honorably retired peace officer or other

qualified retired law enforcement officer, as defined by 18 U.S.C.

Section 926C, who holds a certificate of proficiency issued under

Section 1701.357, Occupations Code, and is carrying a photo

identification that is issued by a federal, state, or local law

enforcement agency, as applicable, and that verifies that the

officer is an honorably retired peace officer or other qualified

retired law enforcement officer;

(6)AAthe attorney general or a United States attorney,

district attorney, criminal district attorney, county attorney, or

municipal attorney who is licensed to carry a handgun under

Subchapter H, Chapter 411, Government Code;

(7)AAan assistant United States attorney, assistant

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attorney general, assistant district attorney, assistant criminal

district attorney, or assistant county attorney who is licensed to

carry a handgun under Subchapter H, Chapter 411, Government Code;

(8)AAa bailiff designated by an active judicial officer

as defined by Section 411.201, Government Code, who is:

(A)AAlicensed to carry a handgun under Subchapter

H, Chapter 411, Government Code; and

(B)AAengaged in escorting the judicial officer;

(9)AAa juvenile probation officer who is authorized to

carry a firearm under Section 142.006, Human Resources Code; [or]

(10)AAa person who is volunteer emergency services

personnel if the person is:

(A)AAlicensed to carry [carrying] a handgun under

[the authority of] Subchapter H, Chapter 411, Government Code; and

(B)AAengaged in providing emergency services; or

(11)AAa judge or justice of a federal court who is

licensed to carry a handgun under Subchapter H, Chapter 411,

Government Code.

(m)AASections 46.02(a) and (a-1)(1) do not apply to a person

who:

(1)AAcarries the handgun in a concealed manner or in a

holster;

(2)AAmeets the requirements under Sections

411.172(a)(1)-(13), Government Code; and

(3)AAis not:

(A)AAa member of a criminal street gang, as

defined by Section 71.01;

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(B)AAengaged in criminal activity, other than a

Class C misdemeanor that is a violation of a law or ordinance

regulating traffic or boating; or

(C)AAin a location in which carrying a handgun or

other firearm is prohibited under Section 46.03(a) or 46.035(b) or

(c) or other law.

SECTIONA6.AAChapter 507, Business & Commerce Code, is

amended to read as follows:

CHAPTER 507. LICENSE TO CARRY [CONCEALED] HANDGUN [LICENSES] AS

VALID FORM [FORMS] OF PERSONAL IDENTIFICATION

Sec.A507.001.AA[CONCEALED HANDGUN] LICENSE TO CARRY HANDGUN

AS VALID PROOF OF IDENTIFICATION. (a) A person may not deny the

holder of a [concealed] handgun license issued under Subchapter H,

Chapter 411, Government Code, access to goods, services, or

facilities, except as provided by Section 521.460, Transportation

Code, or in regard to the operation of a motor vehicle, because the

holder has or presents a [concealed] handgun license rather than a

driver’s license or other acceptable form of personal

identification.

(b)AAThis section does not affect:

(1)AAthe requirement under Section 411.205, Government

Code, that a person subject to that section present a driver’s

license or identification certificate or other proof of identity

[in addition to a concealed handgun license]; or

(2)AAthe types of identification required under federal

law to access airport premises or pass through airport security.

SECTIONA7.AASection 125.0015(a), Civil Practice and Remedies

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Code, is amended to read as follows:

(a)AAA person who maintains a place to which persons

habitually go for the following purposes and who knowingly

tolerates the activity and furthermore fails to make reasonable

attempts to abate the activity maintains a common nuisance:

(1)AAdischarge of a firearm in a public place as

prohibited by the Penal Code;

(2)AAreckless discharge of a firearm as prohibited by

the Penal Code;

(3)AAengaging in organized criminal activity as a

member of a combination as prohibited by the Penal Code;

(4)AAdelivery, possession, manufacture, or use of a

substance or other item in violation of Chapter 481, Health and

Safety Code;

(5)AAgambling, gambling promotion, or communicating

gambling information as prohibited by the Penal Code;

(6)AAprostitution, promotion of prostitution, or

aggravated promotion of prostitution as prohibited by the Penal

Code;

(7)AAcompelling prostitution as prohibited by the Penal

Code;

(8)AAcommercial manufacture, commercial distribution,

or commercial exhibition of obscene material as prohibited by the

Penal Code;

(9)AAaggravated assault as described by Section 22.02,

Penal Code;

(10)AAsexual assault as described by Section 22.011,

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Penal Code;

(11)AAaggravated sexual assault as described by Section

22.021, Penal Code;

(12)AArobbery as described by Section 29.02, Penal

Code;

(13)AAaggravated robbery as described by Section 29.03,

Penal Code;

(14)AAunlawfully carrying a weapon as described by

Section 46.02, Penal Code, or unlawfully carrying a firearm as

described by Section 46.03 or 46.035, Penal Code;

(15)AAmurder as described by Section 19.02, Penal Code;

(16)AAcapital murder as described by Section 19.03,

Penal Code;

(17)AAcontinuous sexual abuse of young child or

children as described by Section 21.02, Penal Code;

(18)AAmassage therapy or other massage services in

violation of Chapter 455, Occupations Code;

(19)AAemploying a minor at a sexually oriented business

as defined by Section 243.002, Local Government Code;

(20)AAtrafficking of persons as described by Section

20A.02, Penal Code;

(21)AAsexual conduct or performance by a child as

described by Section 43.25, Penal Code;

(22)AAemployment harmful to a child as described by

Section 43.251, Penal Code;

(23)AAcriminal trespass as described by Section 30.05,

Penal Code;

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(24)AAdisorderly conduct as described by Section 42.01,

Penal Code;

(25)AAarson as described by Section 28.02, Penal Code;

(26)AAcriminal mischief as described by Section 28.03,

Penal Code, that causes a pecuniary loss of $500 or more; or

(27)AAa graffiti offense in violation of Section 28.08,

Penal Code.

SECTIONA8.AASection 37.005(c), Education Code, is amended to

read as follows:

(c)AAA student who is enrolled in a grade level below grade

three may not be placed in out-of-school suspension unless while on

school property or while attending a school-sponsored or

school-related activity on or off of school property, the student

engages in:

(1)AAconduct that contains the elements of an offense

related to weapons under Section 46.02 or 46.05, Penal Code, or to

firearms under Section 46.03 or 46.035, Penal Code;

(2)AAconduct that contains the elements of a violent

offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;

or

(3)AAselling, giving, or delivering to another person

or possessing, using, or being under the influence of any amount of:

(A)AAmarihuana or a controlled substance, as

defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.

Section 801 et seq.;

(B)AAa dangerous drug, as defined by Chapter 483,

Health and Safety Code; or

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(C)AAan alcoholic beverage, as defined by Section

1.04, Alcoholic Beverage Code.

SECTIONA9.AASection 37.007(a), Education Code, is amended to

read as follows:

(a)AAExcept as provided by Subsection (k), a student shall be

expelled from a school if the student, on school property or while

attending a school-sponsored or school-related activity on or off

of school property:

(1)AAengages in conduct that contains the elements of

[the offense of unlawfully carrying weapons under Section 46.02,

Penal Code, or elements of] an offense relating to [prohibited]

weapons under Section 46.02 or 46.05, Penal Code, or to firearms

under Section 46.03 or 46.035, Penal Code;

(2)AAengages in conduct that contains the elements of

the offense of:

(A)AAaggravated assault under Section 22.02,

Penal Code, sexual assault under Section 22.011, Penal Code, or

aggravated sexual assault under Section 22.021, Penal Code;

(B)AAarson under Section 28.02, Penal Code;

(C)AAmurder under Section 19.02, Penal Code,

capital murder under Section 19.03, Penal Code, or criminal

attempt, under Section 15.01, Penal Code, to commit murder or

capital murder;

(D)AAindecency with a child under Section 21.11,

Penal Code;

(E)AAaggravated kidnapping under Section 20.04,

Penal Code;

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(F)AAaggravated robbery under Section 29.03,

Penal Code;

(G)AAmanslaughter under Section 19.04, Penal

Code;

(H)AAcriminally negligent homicide under Section

19.05, Penal Code; or

(I)AAcontinuous sexual abuse of young child or

children under Section 21.02, Penal Code; or

(3)AAengages in conduct specified by Section

37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.

SECTIONA10.AASection 51.220(g), Education Code, is amended

to read as follows:

(g)AAA public junior college employee’s status as a school

marshal becomes inactive on:

(1)AAexpiration of the employee ’s school marshal

license under Section 1701.260, Occupations Code;

(2)AAsuspension or revocation of the employee ’s license

to carry a [concealed] handgun issued under Subchapter H, Chapter

411, Government Code;

(3)AAtermination of the employee ’s employment with the

public junior college; or

(4)AAnotice from the governing board of the public

junior college that the employee ’s services as school marshal are

no longer required.

SECTIONA11.AASection 231.302(c-1), Family Code, is amended

to read as follows:

(c-1)AAFor purposes of issuing a license to carry a

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[concealed] handgun under Subchapter H, Chapter 411, Government

Code, the Department of Public Safety is not required to request,

and an applicant is not required to provide, the applicant’s social

security number.

SECTIONA12.AAThe heading to Subchapter H, Chapter 411,

Government Code, is amended to read as follows:

SUBCHAPTER H. LICENSE TO CARRY [A] HANDGUN AND OTHER PROVISIONS

RELATING TO CARRYING OF FIREARMS

SECTIONA13.AASection 411.179(c), Government Code, is amended

to read as follows:

(c)AAIn adopting the form of the license under Subsection

(a), the department shall establish a procedure for the license of a

qualified handgun instructor or of the attorney general or a judge,

justice, United States attorney, assistant United States attorney,

assistant attorney general, prosecuting attorney, or assistant

prosecuting attorney, as described by Section 46.15(a)(4), (6),

[or] (7), or (11), Penal Code, to indicate on the license the

license holder’s status as a qualified handgun instructor or as the

attorney general or a judge, justice, United States attorney,

assistant United States attorney, assistant attorney general,

prosecuting [district] attorney, or assistant prosecuting

[criminal district] attorney[, or county attorney]. In

establishing the procedure, the department shall require

sufficient documentary evidence to establish the license holder’s

status under this subsection.

SECTIONA14.AASection 411.190(c), Government Code, is amended

to read as follows:

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(c)AAIn the manner applicable to a person who applies for a

license to carry a handgun, the department shall conduct a

background check of a person who applies for certification as a

qualified handgun instructor or approved online course provider.

If the background check indicates that the applicant for

certification would not qualify to receive a handgun license, the

department may not certify the applicant as a qualified handgun

instructor or approved online course provider. If the background

check indicates that the applicant for certification would qualify

to receive a handgun license, the department shall provide handgun

instructor or online course provider training to the applicant.

The applicant shall pay a fee of $100 to the department for the

training. The applicant must take and successfully complete the

training offered by the department and pay the training fee before

the department may certify the applicant as a qualified handgun

instructor or approved online course provider. The department

shall issue a license to carry a handgun under [the authority of]

this subchapter to any person who is certified as a qualified

handgun instructor or approved online course provider and who pays

to the department a fee of $40 in addition to the training fee. The

department by rule may prorate or waive the training fee for an

employee of another governmental entity.

SECTIONA15.AASections 411.201(c), (e), and (h), Government

Code, are amended to read as follows:

(c)AAAn active judicial officer is eligible for a license to

carry a handgun under [the authority of] this subchapter. A retired

judicial officer is eligible for a license to carry a handgun under

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[the authority of] this subchapter if the officer:

(1)AAhas not been convicted of a felony;

(2)AAhas not, in the five years preceding the date of

application, been convicted of a Class A or Class B misdemeanor or

equivalent offense;

(3)AAis not charged with the commission of a Class A or

Class B misdemeanor or equivalent offense or of a felony under an

information or indictment;

(4)AAis not a chemically dependent person; and

(5)AAis not a person of unsound mind.

(e)AAOn receipt of all the application materials required by

this section, the department shall:

(1)AAif the applicant is an active judicial officer,

issue a license to carry a handgun under [the authority of] this

subchapter; or

(2)AAif the applicant is a retired judicial officer,

conduct an appropriate background investigation to determine the

applicant’s eligibility for the license and, if the applicant is

eligible, issue a license to carry a handgun under [the authority

of] this subchapter.

(h)AAThe department shall issue a license to carry a handgun

under [the authority of] this subchapter to a United States

attorney or an assistant United States attorney, or to an attorney

elected or employed to represent the state in the prosecution of

felony cases, who meets the requirements of this section for an

active judicial officer. The department shall waive any fee

required for the issuance of an original, duplicate, or renewed

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license under this subchapter for an applicant who is a United

States attorney or an assistant United States attorney or who is an

attorney elected or employed to represent the state in the

prosecution of felony cases.

SECTIONA16.AASection 411.203, Government Code, is amended to

read as follows:

Sec.A411.203.AARIGHTS OF EMPLOYERS. (a) This subchapter

does not prevent or otherwise limit the right of a public or private

employer to prohibit any persons, including persons who are

licensed under this subchapter, from carrying a handgun or other

firearm on the premises of the business.

(b)AAIn this section, "premises" has the meaning assigned by

Section 46.035(f) [46.035(f)(3)], Penal Code.

SECTIONA17.AASection 411.204(c), Government Code, is amended

to read as follows:

(c)AAThe sign required under Subsections (a) and (b) must

give notice in both English and Spanish that it is unlawful for a

person, regardless of whether the person is licensed under this

subchapter, to carry a handgun on the premises. The sign must

appear in contrasting colors with block letters at least one inch in

height and must include on its face the number "51" printed in solid

red at least five inches in height. The sign shall be displayed in a

conspicuous manner clearly visible to the public.

SECTIONA18.AASection 411.205, Government Code, is amended to

read as follows:

Sec.A411.205.AAREQUIREMENT TO DISPLAY IDENTIFICATION AND

HANDGUN LICENSE. If a person [license holder] is carrying a handgun

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[on or about the license holder’s person] when a magistrate or a

peace officer demands that the person [license holder] display

identification, the person [license holder] shall display [both]

the person’s [license holder’s] driver’s license or identification

certificate issued by the department or other proof of identity. If

the person is a license holder under this subchapter and is carrying

the person’s handgun license, the person also shall display [and]

the person’s [license holder’s] handgun license.

SECTIONA19.AAThe heading to Section 411.206, Government

Code, is amended to read as follows:

Sec.A411.206.AASEIZURE OF HANDGUN AND HANDGUN LICENSE.

SECTIONA20.AASections 411.206(a) and (c), Government Code,

are amended to read as follows:

(a)AAIf a peace officer arrests and takes into custody a

person [license holder] who is carrying a handgun [under the

authority of this subchapter], the officer shall seize the person’s

[license holder’s] handgun. The peace officer also shall seize the

person’s handgun [and] license as evidence if the person holds a

handgun license under this subchapter and is carrying the license

at the time of the arrest.

(c)AAAny judgment of conviction entered by any court for an

offense under Section 46.035, Penal Code, must contain the handgun

license number of the convicted person, if the person is a handgun

license holder. A certified copy of the judgment is conclusive and

sufficient evidence to justify revocation of a license under

Section 411.186(a)(4).

SECTIONA21.AASections 411.207(a), (b), and (c), Government

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Code, are amended to read as follows:

(a)AAA peace officer who is acting in the lawful discharge of

the officer’s official duties may disarm a person, including a

license holder, who is carrying a handgun at any time the officer

reasonably believes it is necessary for the protection of the

person [license holder], officer, or another individual. The peace

officer shall return the handgun to the person [license holder]

before discharging the person [license holder] from the scene if

the officer determines that the person:

(1)AA[license holder] is not a threat to the officer,

the person [license holder], or another individual;

(2)AA[and if the license holder] has not violated any

provision of this subchapter or committed any other violation that

results in the arrest of the person; and

(3)AAis not prohibited by law from carrying a handgun

[license holder].

(b)AAA peace officer who is acting in the lawful discharge of

the officer’s official duties may [temporarily] disarm a person

only temporarily, regardless of whether the person is a license

holder, when the person [a license holder] enters a nonpublic,

secure portion of a law enforcement facility. The[, if the] law

enforcement agency shall provide [provides] a gun locker where the

peace officer can secure the person’s [license holder’s] handgun.

The peace officer shall secure the handgun in the locker and shall

return the handgun to the person [license holder] immediately after

the person [license holder] leaves the nonpublic, secure portion of

the law enforcement facility.

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(c)AAA law enforcement facility shall prominently display at

each entrance to a nonpublic, secure portion of the facility a sign

that gives notice in both English and Spanish that, under this

section, a peace officer may temporarily disarm a person,

regardless of whether the person is a license holder, when the

person [license holder] enters the nonpublic, secure portion of the

facility. The sign must appear in contrasting colors with block

letters at least one inch in height. The sign shall be displayed in

a clearly visible and conspicuous manner.

SECTIONA22.AASection 411.209(a), Government Code, is amended

to read as follows:

(a)AAExcept as provided by Subsection (i), a state agency or

a political subdivision of the state may not take any action,

including an action consisting of the provision of notice by a

communication described by Section 30.06 or 30.07, Penal Code, that

states or implies that a license holder who is carrying a handgun

under [the authority of] this subchapter is prohibited from

entering or remaining on a premises or other place owned or leased

by the governmental entity unless license holders are prohibited

from carrying a handgun on the premises or other place by Section

46.03 or 46.035, Penal Code, or other law.

SECTIONA23.AASection 12.092(b), Health and Safety Code, is

amended to read as follows:

(b)AAThe medical advisory board shall assist the Department

of Public Safety of the State of Texas in determining whether:

(1)AAan applicant for a driver’s license or a license

holder is capable of safely operating a motor vehicle; or

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(2)AAan applicant for or holder of a license to carry a

handgun under [the authority of] Subchapter H, Chapter 411,

Government Code, or an applicant for or holder of a commission as a

security officer under Chapter 1702, Occupations Code, is capable

of exercising sound judgment with respect to the proper use and

storage of a handgun.

SECTIONA24.AASection 42.042(e-2), Human Resources Code, is

amended to read as follows:

(e-2)AAThe department may not prohibit the foster parent of a

child who resides in the foster family’s home from transporting the

child in a vehicle where a handgun is present if the handgun is in

the possession and control of the foster parent and the foster

parent is not prohibited by state or federal law from carrying the

handgun [licensed to carry the handgun under Subchapter H, Chapter

411, Government Code].

SECTIONA25.AASection 52.061, Labor Code, is amended to read

as follows:

Sec.A52.061.AARESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO

OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer

may not prohibit an employee who is not otherwise prohibited by

state or federal law from possessing [holds a license to carry a

handgun under Subchapter H, Chapter 411, Government Code, who

otherwise lawfully possesses] a firearm[,] or [who lawfully

possesses] ammunition from transporting or storing a firearm or

ammunition [the employee is authorized by law to possess] in a

locked, privately owned motor vehicle in a parking lot, parking

garage, or other parking area the employer provides for employees.

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SECTIONA26.AASection 52.062(a), Labor Code, is amended to

read as follows:

(a)AASection 52.061 does not:

(1)AAauthorize a person who is not otherwise prohibited

by state or federal law from possessing [holds a license to carry a

handgun under Subchapter H, Chapter 411, Government Code, who

otherwise lawfully possesses] a firearm[,] or [who lawfully

possesses] ammunition to possess a firearm or ammunition on any

property where the possession of a firearm or ammunition is

prohibited by state or federal law; or

(2)AAapply to:

(A)AAa vehicle owned or leased by a public or

private employer and used by an employee in the course and scope of

the employee ’s employment, unless the employee is required to

transport or store a firearm in the official discharge of the

employee’s duties;

(B)AAa school district;

(C)AAan open-enrollment charter school, as

defined by Section 5.001, Education Code;

(D)AAa private school, as defined by Section

22.081, Education Code;

(E)AAproperty owned or controlled by a person,

other than the employer, that is subject to a valid, unexpired oil,

gas, or other mineral lease that contains a provision prohibiting

the possession of firearms on the property; or

(F)AAproperty owned or leased by a chemical

manufacturer or oil and gas refiner with an air authorization under

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Chapter 382, Health and Safety Code, and on which the primary

business conducted is the manufacture, use, storage, or

transportation of hazardous, combustible, or explosive materials,

except in regard to an employee who is not otherwise prohibited by

state or federal law from possessing a firearm or ammunition [holds

a license to carry a handgun under Subchapter H, Chapter 411,

Government Code,] and [who] stores the [a] firearm or ammunition

[the employee is authorized by law to possess] in a locked,

privately owned motor vehicle in a parking lot, parking garage, or

other parking area the employer provides for employees that is

outside of a secured and restricted area:

(i)AAthat contains the physical plant;

(ii)AAthat is not open to the public; and

(iii)AAthe ingress into which is constantly

monitored by security personnel.

SECTIONA27.AASection 191.010(a), Local Government Code, is

amended to read as follows:

(a)AAIn this section, "photo identification" means one of the

following forms of photo identification:

(1)AAa driver’s license, election identification

certificate, or personal identification card issued to the person

by any state or territory of the United States that has not expired

or that expired no earlier than 60 days before the date of

presentation;

(2)AAa United States military identification card that

contains the person’s photograph that has not expired or that

expired no earlier than 60 days before the date of presentation;

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(3)AAa United States citizenship certificate issued to

the person that contains the person’s photograph;

(4)AAa United States Permanent Resident Card that has

not expired or that expired no earlier than 60 days before the date

of presentation;

(5)AAan identification card issued by a municipality

intended to serve as a general identification card for the holder

that has not expired or that expired no earlier than 60 days before

the date of presentation;

(6)AAa federally recognized tribal enrollment card or

other form of tribal identification that has not expired or that

expired no earlier than 60 days before the date of presentation;

(7)AAa United States passport or a passport issued by a

foreign government recognized by the United States issued to the

person that has not expired or that expired no earlier than 60 days

before the date of presentation; or

(8)AAa license to carry a [concealed] handgun issued to

the person by the Department of Public Safety that has not expired

or that expired no earlier than 60 days before the date of

presentation.

SECTIONA28.AASection 229.001(b), Local Government Code, is

amended to read as follows:

(b)AASubsection (a) does not affect the authority a

municipality has under another law to:

(1)AArequire residents or public employees to be armed

for personal or national defense, law enforcement, or another

lawful purpose;

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(2)AAregulate the discharge of firearms or air guns

within the limits of the municipality, other than at a sport

shooting range;

(3)AAexcept as provided by Subsection (b-1), adopt or

enforce a generally applicable zoning ordinance, land use

regulation, fire code, or business ordinance;

(4)AAregulate the use of firearms, air guns, or knives

in the case of an insurrection, riot, or natural disaster if the

municipality finds the regulations necessary to protect public

health and safety;

(5)AAregulate the storage or transportation of

explosives to protect public health and safety, except that 25

pounds or less of black powder for each private residence and 50

pounds or less of black powder for each retail dealer are not

subject to regulation;

(6)AAregulate the carrying of an air gun or [a] firearm,

[or air gun by a person] other than a [person licensed to carry a]

handgun carried by a person not prohibited by state or federal law

from carrying the handgun [under Subchapter H, Chapter 411,

Government Code], at a:

(A)AApublic park;

(B)AApublic meeting of a municipality, county, or

other governmental body;

(C)AApolitical rally, parade, or official

political meeting; or

(D)AAnonfirearms-related school, college, or

professional athletic event;

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(7)AAregulate the carrying of a firearm by a person

licensed to carry a handgun under Subchapter H, Chapter 411,

Government Code, in accordance with Section 411.209, Government

Code;

(8)AAregulate the hours of operation of a sport

shooting range, except that the hours of operation may not be more

limited than the least limited hours of operation of any other

business in the municipality other than a business permitted or

licensed to sell or serve alcoholic beverages for on-premises

consumption;

(9)AAregulate the carrying of an air gun by a minor on:

(A)AApublic property; or

(B)AAprivate property without consent of the

property owner; or

(10)AAexcept as provided by Subsection (d-1), regulate

or prohibit an employee ’s carrying or possession of a firearm,

firearm accessory, or ammunition in the course of the employee’s

official duties.

SECTIONA29.AASections 62.082(d) and (e), Parks and Wildlife

Code, are amended to read as follows:

(d)AASection 62.081 does not apply to:

(1)AAan employee of the Lower Colorado River Authority;

(2)AAa person authorized to hunt under Subsection (c);

(3)AAa peace officer as defined by Article 2.12, Code of

Criminal Procedure; or

(4)AAa person who:

(A)AAis lawfully carrying [possesses] a handgun

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[and a license issued under Subchapter H, Chapter 411, Government

Code, to carry a handgun]; or

(B)AAunder circumstances in which the person would

be justified in the use of deadly force under Chapter 9, Penal Code,

shoots a handgun [the person is licensed to carry under Subchapter

H, Chapter 411, Government Code].

(e)AAA state agency, including the department, the

Department of Public Safety, and the Lower Colorado River

Authority, may not adopt a rule that prohibits a person who is not

prohibited by state or federal law from carrying a handgun

[possesses a license issued under Subchapter H, Chapter 411,

Government Code,] from entering or crossing the land of the Lower

Colorado River Authority while:

(1)AAcarrying [possessing] a handgun; or

(2)AAunder circumstances in which the person would be

justified in the use of deadly force under Chapter 9, Penal Code,

shooting a handgun.

SECTIONA30.AASection 284.001(e), Parks and Wildlife Code, is

amended to read as follows:

(e)AAThis section does not limit a person’s [the] ability [of

a license holder] to carry a handgun [under the authority of

Subchapter H, Chapter 411, Government Code].

SECTIONA31.AASection 287.001(e), Parks and Wildlife Code, is

amended to read as follows:

(e)AAThis section does not limit a person’s [the] ability [of

a license holder] to carry a [concealed] handgun [under the

authority of Subchapter H, Chapter 411, Government Code].

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SECTIONA32.AASection 9.31(b), Penal Code, is amended to read

as follows:

(b)AAThe use of force against another is not justified:

(1)AAin response to verbal provocation alone;

(2)AAto resist an arrest or search that the actor knows

is being made by a peace officer, or by a person acting in a peace

officer’s presence and at his direction, even though the arrest or

search is unlawful, unless the resistance is justified under

Subsection (c);

(3)AAif the actor consented to the exact force used or

attempted by the other;

(4)AAif the actor provoked the other’s use or attempted

use of unlawful force, unless:

(A)AAthe actor abandons the encounter, or clearly

communicates to the other his intent to do so reasonably believing

he cannot safely abandon the encounter; and

(B)AAthe other nevertheless continues or attempts

to use unlawful force against the actor; or

(5)AAif the actor sought an explanation from or

discussion with the other person concerning the actor’s differences

with the other person while the actor was:

(A)AAcarrying a weapon in violation of Section

46.02 or a firearm in violation of Section 46.03 or 46.035; or

(B)AApossessing or transporting a weapon in

violation of Section 46.05.

SECTIONA33.AASection 30.05, Penal Code, is amended by

amending Subsections (d) and (f) and adding Subsections (d-3) and

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(d-4) to read as follows:

(d)AASubject to Subsections (d-3) and (d-4), an [An] offense

under this section is:

(1)AAa Class B misdemeanor, except as provided by

Subdivisions (2) and (3);

(2)AAa Class C misdemeanor, except as provided by

Subdivision (3), if the offense is committed:

(A)AAon agricultural land and within 100 feet of

the boundary of the land; or

(B)AAon residential land and within 100 feet of a

protected freshwater area; and

(3)AAa Class A misdemeanor if:

(A)AAthe offense is committed:

(i)AAin a habitation or a shelter center;

(ii)AAon a Superfund site; or

(iii)AAon or in a critical infrastructure

facility;

(B)AAthe offense is committed on or in property of

an institution of higher education and it is shown on the trial of

the offense that the person has previously been convicted of:

(i)AAan offense under this section relating

to entering or remaining on or in property of an institution of

higher education; or

(ii)AAan offense under Section 51.204(b)(1),

Education Code, relating to trespassing on the grounds of an

institution of higher education; or

(C)AAthe person carries a deadly weapon during the

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commission of the offense.

(d-3)AAAn offense under this section is a Class C misdemeanor

punishable by a fine not to exceed $200 if:

(1)AAthe sole basis on which entry on the property or

land or in the building was forbidden is that entry with a firearm

was forbidden; and

(2)AAthe person was carrying in a concealed manner or in

a holster a handgun that the person was not prohibited by state or

federal law from carrying at the time of the offense.

(d-4)AAAn offense under this section is a Class A misdemeanor

if:

(1)AAthe sole basis on which entry on the property or

land or in the building was forbidden is that entry with a firearm

was forbidden;

(2)AAthe person was carrying in a concealed manner or in

a holster a handgun that the person was not prohibited by state or

federal law from carrying at the time of the offense; and

(3)AAit is shown on the trial of the offense that, after

entering the property, land, or building, the actor was personally

given notice by oral communication that entry with a firearm was

forbidden and subsequently failed to depart.

(f)AAIt is a defense to prosecution under this section that:

(1)AAthe sole basis on which entry on the property or

land or in the building was forbidden is that entry with a firearm

[handgun] was forbidden; and

(2)AAat the time of the offense the person was carrying:

(A)AAa license issued under Subchapter H, Chapter

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411, Government Code, to carry a handgun; and

(B)AAa handgun:

(i)AAin a concealed manner; or

(ii)AAin a [shoulder or belt] holster.

SECTIONA34.AASection 30.07(f), Penal Code, is amended to

read as follows:

(f)AAIt is not a defense to prosecution under this section

that the handgun was carried in a [shoulder or belt] holster.

SECTIONA35.AAThe following provisions are repealed:

(1)AASection 11.041, Alcoholic Beverage Code;

(2)AASection 11.61(e), Alcoholic Beverage Code;

(3)AASection 61.11, Alcoholic Beverage Code;

(4)AASection 61.71(f), Alcoholic Beverage Code;

(5)AASection 411.204(d), Government Code;

(6)AASection 46.035(h-1), Penal Code, as added by

Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular

Session, 2007; and

(7)AASection 46.035(h-1), Penal Code, as added by

Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular

Session, 2007.

SECTIONA36.AAThe change in law made by this Act relating to

the carrying of a handgun applies to the carrying of a handgun on or

after the effective date of this Act by a person described by

Section 46.15(m), Penal Code, as added by this Act.

SECTIONA37.AAThe changes in law made by this Act apply only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

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governed by the law in effect when the offense was committed, and

the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTIONA38.AAThis Act takes effect September 1, 2021.

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